BABU Vs. MAHADEV AND ORS.

JUDGEMENT

(1.) This second appeal by the plaintiff is directed against the judgment and decree dated 23.2.2010, passed by the Fast Track Court -IV, Belgaum, in R.A. No. 47/1997, confirming the dismissal of suit for partition and separate possession in O.S. No. 104/1990, on the file of I Addl. Civil Judge (Sr.Dn.), Belgaum.

(2.) Heard Smt. Hemalekhs K.S., learned counsel for appellant and Sri M.G. Naganuri and Sri Narayan V. Yaji, learned counsel for respondents.

(3.) The summary of the plaintiff's case is that the suit schedule properties were jointly owned by two brothers by name Khandoba and Gundu. Gundu died on 15.2.1960. There was no partition among the brothers. Khandoba had two sons and four daughters. The 2nd son Ramachandra had two wives. The plaintiff is the son of 2nd wife. The suit was filed on the premise that the suit schedule properties were the joint family properties and Khandoba and Gundu were entitled for 1/2 share each. Plaintiff was entitled for 1/3rd share which Khandoba would get upon partition.